Justice and Constitutional Affairs Minister Mmamoloko Kubayi has voiced her concerns regarding the overwhelming burden that illegal migration cases are placing on court systems across South Africa. During a recent oversight visit to the Randburg Magistrates Court, Kubayi noted that the sheer volume of cases related to illegal immigration has become an increasing challenge for the judiciary.
“There is a need for collaboration between the Department of Justice, the judiciary, the National Prosecuting Authority (NPA), the South African Police Service (SAPS), and Home Affairs,” said Kubayi, as she emphasised the importance of streamlined processes for addressing these cases. The minister outlined the bureaucratic hurdles that often hinder swift legal proceedings, highlighting specific forms—namely Section 212—that must be confirmed by Home Affairs to establish an individual’s legal status before court proceedings can commence.
“Once that is confirmed, it allows for the processing of illegal immigrants in the court,” Kubayi explained, pointing out the red tape that complicates prosecutions for individuals unlawfully in the country. The current system not only delays justice and deportation processes but also congests the courts with cases that need urgent resolution.
While visiting the court, Kubayi noted the alarming number of illegal immigration cases, with an estimated 185 individuals currently being processed. “You can imagine the challenges that arise when cases are stacked up in the criminal courts. This is a busy court, and we need to consider capacitating the court in Midland to help alleviate the workload here,” she added.
The minister also stressed the importance of improved communication between stakeholders within the criminal justice system. Weekend police operations that lead to multiple arrests often put additional strain on the courts. “Typically, these arrests happen after operations start on Fridays, and by Monday, when suspects are brought in, the court is not adequately prepared to process such a high number of cases,” she noted.
Kubayi’s visit further revealed her concerns regarding the overcrowding in holding cells at the court, which she believes could facilitate the smuggling of contraband into the prison system. “I have visited the underground cells to check on the risks involving the facilitation of contraband and overcrowding. I will be engaging with the Minister of Police to address the concerning numbers we are witnessing,” she commented.
This visit not only underscores the urgent need for reform in the handling of illegal immigration cases, but also highlights the systemic issues within the broader criminal justice framework that require immediate attention for effective governance and law enforcement.
